Fortescue v. King

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-1284
In Re: WILLIAM NICHOLAS FORTESCUE, JR.,
Debtor.
_________________________
WILLIAM NICHOLAS FORTESCUE, JR.,
Plaintiff - Appellant,
versus
JERRY E. KING, Auctioneer; KING AUCTION &
REALTY COMPANY, INCORPORATED; DAVID G. GRAY,
Attorney; WESTALL, GRAY & CONNOLLY, PA,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Asheville. Lacy H. Thornburg, District
Judge. (MISC-97-3-1, BK-85-10291, AP-96-1396)
Submitted: July 10, 1997 Decided: July 22, 1997
Before RUSSELL, HALL, and MURNAGHAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Nicholas Fortescue, Jr., Appellant Pro Se. David G. Gray,
Jr., WESTALL, GRAY & CONNOLLY, Asheville, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals from the district court's order denying his
motion to withdraw reference to the bankruptcy court. We dismiss
the appeal for lack of jurisdiction because the order is not
appealable. This court may exercise jurisdiction only over final
orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and
collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b);
Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The
order here appealed is neither a final order nor an appealable
interlocutory or collateral order.
We dismiss the appeal as interlocutory. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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